US Government Regulations. (a) It is not a “public utility” within the meaning of, or subject to regulation under, the United States Federal Power Act of 1920 (16 U.S.C. §§791 et seq.).
(b) It is not an “investment company” as defined in, or subject to regulation under, the United States Investment Company Act of 1940 (15 U.S.C. §§ 80a-1 et seq.) or in violation of regulation under any United States federal or state law or regulation that limits its ability to incur or guarantee indebtedness.
(c) It has not made (or attempted to make) an “unlawful payment” within the meaning of, and is not in any other way in violation of, the Foreign Corrupt Practices Act (15 U.S.C. §§ 78dd-1 et seq.) or any similar laws.
US Government Regulations. (a) Neither it nor any of its Subsidiaries is an “investment company,” or a company “controlled” by an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended. Neither the making of any Drawing, nor the application of the proceeds or repayment thereof by any Obligor, nor the consummation of the other transactions contemplated hereby, will violate any provision of such Act or any rule, regulation or order of the Securities and Exchange Commission thereunder.
(b) Neither it nor any of its Subsidiaries is a “holding company”, a “public utility company”, a “subsidiary company” of a “holding company” or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company” within the meaning of the Public Utility Holding Company Act of 1935, as amended.
(c) Neither it nor any of its Subsidiaries is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock within the meaning of Regulation U of the Board of Governors of the Federal Reserve System of the United States as in effect from time to time (“Margin Stock”), and no proceeds of any Advance will be used to purchase or carry any Margin Stock or to extend credit to others for the purpose of purchasing or carrying any Margin Stock.
US Government Regulations. (a) Master Licensee shall not, without the prior written consent of Company, disclose, sublicense or sell any of the information or rights it receives from Company under this Agreement to any person, or any government agency of any nation, if such disclosure, sublicense or sale would be regarded by any governmental agency or department of the U.S. as a breach of the Foreign Assets Control Regulations, 31 C.F.R. Section 500 et seq. (1988), or the Transaction Control Regulations, 31 C.F.R. Section 505 et seq. (1988). Master Licensee shall obtain a similar commitment from each of its Licensees.
(b) Master Licensee shall refrain from making any payments to third parties which would cause Company to be in violation of the U.S. Foreign Corrupt Practices Act, 15 U.S.C. Sections 78dd-1, 78dd-2 (1988).
US Government Regulations. (a) Neither it nor any of its Subsidiaries is or is required to be registered as an “investment company” under the US Investment Company Act of 1940 or under any other US federal or state statute or regulation which may limit its or their ability to incur Financial Indebtedness or which may otherwise render all or any portion of its obligations under the Finance Documents unenforceable.
(b) It is not engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the FRB) as in effect from time to time, and no proceeds of any credit extensions hereunder will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock.
US Government Regulations. (i) Neither it nor any of its Subsidiaries is an “investment company,” or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company,” as such terms are defined in the Investment Company Act of 1940, as amended. Neither the making of any Drawing, nor the application of the proceeds or repayment thereof by any Obligor, nor the consummation of the other transactions contemplated hereby, will violate any provision of such Act or any rule, regulation or order of the Securities and Exchange Commission thereunder.
(ii) Neither it nor any of its Subsidiaries is a “holding company”, or a “subsidiary company” of a “holding company”, or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company”, as such terms are defined in the Public Utility Holding Company Act of 1935, as amended.
(iii) No Obligor is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System of the United States of America) as in effect from time to time, and no proceeds of any Advance will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock.
US Government Regulations. (i) It is not an “investment company”, or an “affiliated person” of, or “promoter” or “principal underwriter” for, an “investment company”, as such terms are defined in the US Investment Company Act of 1940, as amended. Neither the making of any Utilisation, nor the application of the proceeds or repayment thereof by any Obligor, nor the consummation of the other transactions contemplated hereby, will violate any provision of such act or any rule, regulation or order of the US Securities and Exchange Commission thereunder.
(ii) It is not a “holding company”, or a “subsidiary company” of a “holding company”, or an “affiliate” of a “holding company” or of a “subsidiary company” of a “holding company”, as such terms are defined in the US Public Utility Holding Company Act of 1935, as amended. It is not subject to regulation under any US federal or state law or regulation that restricts its ability to incur Indebtedness or perform its obligations under any Finance Document.
(iii) No Obligor is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U, T and X of the Board of Governors of the Federal Reserve System of the United States of America) as in effect from time to time, and no proceeds of any Utilisation will be used to purchase or carry any margin stock, to reduce or retire any Indebtedness incurred to purchase or carry margin stock, or to extend credit to others for the purpose of purchasing or carrying any margin stock.
US Government Regulations. Without limiting IDC's obligation to comply with applicable laws and regulations as contained in this Agreement, IDC agrees to comply with the following contract clauses, to the extent those clauses are applicable to IDC: Federal Acquisition Regulation P. 52.222-26, Equal Opportunity (E.O. 11246); Federal Acquisition Regulation P. 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); and Federal Acquisition Regulation P. 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793).
US Government Regulations. Software and Documentation license rights granted to governments and other public sector entities include only those rights customarily provided to commercial end-user customers. In particular, NetApp provides the licenses for Software and Documentation in this Agreement to the U.S. federal government pursuant to FAR
US Government Regulations. (a) Neither it, nor any of its Subsidiaries, nor the Parent Guarantor is an "investment company", or a company "controlled" by an "investment company," as such terms are defined in the Investment Company Act of 1940, as amended.
(b) Neither it nor the Parent Guarantor is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System of the United States of America) as in effect from time to time, and no proceeds of the Loan will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock.
US Government Regulations. (i) Subfranchisor shall not, without the prior written consent of GLOBAL, disclose, sublicense or sell any of the information or rights it receives from GLOBAL under this Agreement to any person, or any government agency of any nation, if such disclosure, sublicense or sale would be regarded by any governmental agency or department of the U.S. as a breach of the Foreign Assets Control Regulations, 31 C.F.R. Section 500 et seq. (1995), or the Transaction Control Regulations, 31 C.F.R. Section 505 et seq. (1995). Subfrachisor shall obtain a similar commitment from each of its Territorial Subfrachisors and its or their Franchisees.
(ii) Subfranchisor shall refrain from making any payments to third parties which would cause GLOBAL to be in violation of the U.S. Foreign Corrupt Practices Act, 15 U.S.C. Sections 78dd-1, 78dd-2 (1996).
